Bombay High Court
Sbfc Finance Private Limited vs Shalimar Polishing Works on 24 April, 2026
Author: Abhay Ahuja
Bench: Abhay Ahuja
2026:BHC-OS:10555
902, 904 to 933, 935 to 949, 951 to 1108, 1110,1112 to 1123, 1129 to 1141, 1143 to 1151.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
SERIAL NOS. 902, 904 TO 933, 935 TO 949,951 TO 1108, 1110,
1112 TO 1123, 1128 TO 1141, 1143 TO 1151
Ms. Bijal Gogri i/b O.M. Gujar Law Chambers for the Applicant in Sr.
Nos.902, 904, 933, 936, 937, 947, 948, 951, 986, 1019, 1108, 1110,
1112 to 1115, 1129 & 1142.
Ms. Bijal Gogri i/b GNP Legal for the Applicant in Sr. Nos. 939,940 &
942.
Mr. Pawan Kulmakar i/b SG Legal & Associates for the Applicant in Sr.
Nos. 945, 952, 975, 976, 977, 983, 984 & 987.
None present in other matters.
CORAM : ABHAY AHUJA, J.
DATE : 24th April 2026
PC:-
1. All these matters have been listed in view of the decision of the Hon'ble Supreme Court in the case of Bhadra International (India) Pvt. Ltd. and Others vs. Airports Authority of India 1 where the Hon'ble Supreme Court has observed that unilateral appointment of arbitrator is void ab initio and the ineligibility can be raised at any stage and even in execution.
2. Since in all these matters it has been found by the office of the Prothonotary & Senior Master of this Court that the appointment of the sole arbitrator has been unilateral, in view of the above decision of the Hon'ble Supreme Court, the respective arbitral awards stand set aside Digitally signed by 1 2026 SCC Online SC 7 NIKITA NIKITA YOGESH YOGESH GADGIL GADGIL Date: Nikita Gadgil 1/2 2026.04.24 18:08:42 +0530 ::: Uploaded on - 24/04/2026 ::: Downloaded on - 25/04/2026 08:30:03 ::: 902, 904 to 933, 935 to 949, 951 to 1108, 1110,1112 to 1123, 1129 to 1141, 1143 to 1151.doc and the Commercial Execution Applications / Execution Applications, and the connected Interim Applications as well as the Chamber Summons, if any, accordingly stand dismissed / disposed.
3. It would be open to the parties to initiate fresh arbitration proceedings in accordance with law.
4. As far as limitation is concerned, the period from the invocation of the arbitration till today be excluded in initiating fresh arbitration proceedings.
5. Liberty to apply in the event there exists an express agreement in writing in terms of proviso to Section 12(5) of the Arbitration and Conciliation Act, 1996 (the "said Act") waiving the ineligibility of the sole arbitrator or the right to object under Section 12(5) of the said Act.
(ABHAY AHUJA, J.) Nikita Gadgil 2/2 ::: Uploaded on - 24/04/2026 ::: Downloaded on - 25/04/2026 08:30:03 :::